Obama "Hope" Posters (2008)

added Aug 27, 2009 at 07:10PM UTC

About

During the United States presidential election of 2008, artist Shepard Fairey, of OBEY fame, created a stylized stencil design of Barack Obama to support his campaign independently with publicist Yosi Sergant, of the Jennifer Gross’ Evolutionary Media Group, who suggested the idea and helped market the design.

Sergant contacted the Obama campaign to ask for permission to go through with the idea, which was granted a few weeks before Super Tuesday. Fairey found a photo of Obama using Google Image Search and used it as the basis for his stencil:

The original poster had the word “progress” instead of “hope” and featured Fairey’s signature OBEY star embedded in the Obama campaign’s sunrise logo:

Art Inspires Imitation

Soon after that, many parodies and imitations of Fairey’s design appeared on the internet and IRL; including a poster made in a similar format by John McCain supporters, this one, with the caption “hero” under a stencil of their candidate.

Another notable print version was made by the artists of MAD Magazine. The “hope” poster was parodied with an “Alfred E. Neuman for President!” poster. Alfred was obviously used instead of Obama, and the word “hope” was replaced with “hopeless”.

Image hosted on LaughingSquid.

ObamiconMe.

In January 2009, Paste magazine launched ObamiconMe, an Image Macro Generator which allowed users to create their own versions of the poster.

As we have seen with Advice Dog and the Bayeux Tapestry, macro generators allow a meme to spread to hosts with no Photoshop skills needed.

ObamiconMe reached the front page of Digg.com after being submitted by the notorious Digg Power User, MrBabyMan.

The generator was also shared on linkblogs such as MetaFilter, Buzzfeed, and techblogs like LifeHacker.

The site initially attracted significantly more traffic than the magazine’s own website. More than 70,000 images were uploaded to it in its first two weeks.

AP and Copyright Violation Claims

On January 7, 2009, the Smithsonian Institution’s National Portrait Gallery announced it had acquired Fairey’s hand-made version of the image with the word “hope” on it, which the gallery said would go on display shortly before the inauguration. The work was commissioned and later donated by art collectors Heather and Tony Podesta (Tony is the brother of Obama’s transition co-chairman, John Podesta). It is a notable acquisition in that the National Portrait Gallery normally collects official portraits of presidents as they are leaving office rather than before they take office.

The original source photograph was not publicly known until after Obama had won the election. It was first mistaken that the photo was a similar-looking photograph made by a Reuters photographer by the name of Jim Young that was taken some time during January of 2007:

In January 2009, photographer and blogger Tom Gralish discovered that the poster was based on an Associated Press photograph by a freelance photographer Mannie Garcia (see top photo). It was taken at a 2006 media event with Kansas Senator Sam Brownback, where actor George Clooney was publicizing the War in Darfur after a trip to Sudan he had taken with his father.

On February 4, 2009, the Associated Press announced that it determined “that the photograph used in the poster is an AP photo and that its use required permission.” In a press release, the AP announced that they are talking with Fairey’s attorney to discuss an amicable solution. Fairey is being represented by Anthony Falzone, the executive director of the Fair Use Project at Stanford University. Falzone had said in the press release, “We believe fair use protects Shepard’s right to do what he did here.” Fairey subsequently filed a federal lawsuit against the Associated Press, seeking a declaratory judgment that his use of the AP photograph was protected by the fair use doctrine and so did not infringe their copyright.

Fairey’s original response to the AP can be read here.

The photographer of the original photo, Mannie Garcia, contends that he retains copyright to the photo according to his AP contract. He has commented that he is “so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had,” but that he does not “condone people taking things, just because they can, off the Internet.”

April 15th, 2009: Fairey Answer to AP Counterclaims (PDF)

More info about the copyright issues can be found here and here.

Fairey Admits To Lying And Trying To Destroy Evidence, His Counsel Quits

STATEMENT BY SHEPARD FAIREY ON ASSOCIATED PRESS FAIR USE CASE (via)

In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP). On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another. The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life. I am also sorry because my actions may distract from what should be the real focus of my case – the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.